LYING UNDER OATH

ON Friday the country woke up to a front page headline ‘Woman gets 5 years for faking rape’. The article reported that a woman falsely accused her partner for rape and was charged under the Sexual Offences and Domestic Violence (SODV) Act. In this week’s edition of the SODVA and Me we will take a closer look at what the SODV Act has to say about perjury (a legal term that is used for lying under oath).

Accusations of sexual assault are serious and should never be taken lightly. The impact of being a victim of a false accusation can be catastrophic. It can have an impact upon every aspect of a person’s life. Families can be torn apart, relationships shattered, careers left in ruins and friendships strained or lost. The SODV Act is very clear regarding falsifying information and lying under oath. The Act in Section 120 b states;
Notwithstanding the provisions of any other law, any person who −
120. (b) wilfully makes a false statement in a material respect, commits an offence and is liable on conviction to a fine not exceeding ten thousand Emalangeni or imprisonment for a period not exceeding two years or both.

From this statement we can pick up that the law is concerned about the protection of human rights and will not allow false accusations to go unattended.  Cases of abuse are taken seriously and false accusations cannot easily fly by in the courts as there are standard procedures that apply to every reported case or allegation (hence why it is called an allegation until proven in court).

A legal adviser contacted by Kwakha Indvodza highlighted some of the legal steps and procedures that need to take place during investigations.
Police: Just because one is accused of a crime, it does not necessarily mean they are automatically guilty. There is a burden of proof that needs to be satisfied for a conviction to be secured. Before we even get there, there are elements for each crime that the police will look for when they investigate before they arrest the suspect.

Prosecutor: They then have to submit the case to the prosecutor and he/she also needs to be convinced that there is a prima facie case (accepted as correct until proved otherwise). If there is no sufficient evidence the prosecutor has the discretion to close the docket or request the case to be further investigated to ensure that all the elements of this crime can be proven in court.

Judicial officer: Once convinced there is a prema facie case, still another other layer of control and protection for the accused, which is the judicial officer who has to satisfy himself that the evidence before him is sufficient to secure a conviction, otherwise he/she will acquit. This is why there is a saying that one is innocent until proven guilty.

It is unexpected that a false accusation can result to a conviction if all the officers apply themselves as per the standards of the law. The law is clear regarding falsifying information and lying under oath, so if someone is found to have wrongly accused another, the law will take its course. Lastly, we urge the public to refrain from falsely accusing people of any crimes and encourage everyone who experiences any sort of abuse to report it.

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